# United States Department ofthe Interior

FISH AND WILDLIFE SERVICE

Sacramento Fish and Wildlife Office

2800 Cottage Way, Room W-2605 Sacramento, California 95825-]846 In Reply Refer To: 81420-2008-TA-1447-1 

# SEp·O 8

# 20AECEIVED

Gerardo C. Rios Chief, Air Permits Office 

## SEP 1 7 2008 U.S. Environmental Protection Agency, Region 9 75 Hawthorne Street Air Division. AIR -

## 3 San Francisco, California 94105-3901 U,S. EPA, REGION 9
Subject: Avenal Power Center, LLC Avenal Energy Request for Formal Consultationunder Section 7 ofthe Endangered Species Act.

Dear Mr. Rios:

This letterresponds to your July 10,2008, request for Formal Programmatic Consultation for Avenal Power Center, LLC (applicant), proposed Avenal Energy Power Facility (proposed project). The U.S. Fish and Wildlife Service (Service) received yourrequest on July 14,2008. Submitted on May 12,2008 and received in this office on May 13,2008 in a separate correspondence sent by the applicant was the

### AvenalEnergyProject, LLCApplication for Certification to the California Energy Commission, section 2.0 andsection 6.6, (biological assessment) prepared by TRC Solutions in April 2008. The Service has agreed to accept this document as the biological assessment for the proposedproject. Additional information, requested from the applicant on July 29, 2008 was received by the Service on August 18, 2008.

The applicantproposes to construct and operate a 600 megawatt combined-cycle electric power generating plant and ancillary facilities on a 148 acre parcel in the City ofAvenal, Kings County, California. Your letter identified the following federally-listed species as species that may be affectedby the project: San Joaquin kit fox 

### (Vulpes macrotis mutica), blunt-nosed leopard lizard 

### (Gambelia sila), Californiajewelflower 

### (Calanthus californicus), and San Joaquin wooly-threads 

### tLambertia congdonii). Per the biological assessmentthe site designated for the proposed project has been disturbed by agricultural production for 50 years. The blunt-nosed leopard lizard 

### (Gambelia sila), Californiajewelflower 

### (Calanthus californicus), and San Joaquin wooly-threads 

### (Lambertia congdonii) require undisturbed alkali scrub or alkali grasslands. The Service believes that the project as proposed is unlikely to adversely affect the blunt-nosed leopard lizard 

### (Gambelia sila), Californiajewelflower

### (Calanthus californicus), and San Joaquin wooly-threads 

### (Lambertia congdonii). The proposedproject may adversely affectthe San Joaquin kit fox 

### (Vulpes macrotis mutica). We are discussing a setback from the canal with the applicant to benefitthe kit fox.



## TAKE**PRIDE~J INAMERICA.~** 2 Mr. Gerardo C. Rios

The Service has reviewed your letter and the biological assessment and has determined that we have not received all ofthe informationnecessary to initiate formal consultation as outlined in the regulations governing interagency consultations (50 CFR § 402.14). We are requesting additional information that will allow us to assess and analyze project effects.

The following questions relate to information from the biological assessment.
1) On page 2-50 in section 2.3.18.7

- Construction Offices, Parking and Laydown Areas, is the statement, 'a security fence will be installed around the Site boundary, including laydown areas'.

a) What type ofsecurity fence will be placed around the Site boundary (barbed wire, chain-link, cyclone)? b) Will this security fence remain around the Site boundary during operation? c) What is the total acreage inside this fencing? d) Will there be additional fencing separating plant facilities from the remainder ofthe site? e)What type offencing will be placed around the plant facilities? f) How many acres are within the fencing for the plantfacilities?

2) On page 2-50 in section 2.3.18.6

- Mobilization, is a statementthat gravel and road base material will be used for 'temporary' roads, laydown, parking and work areas. Per Figure 2.3 ­ 12, this totals to 35.25 acres potentiallycovered in gravel and/or road base materials (24.10 acres construction laydown, 3.05 acres heavy equipmentparking, 4.5 acres craft parking, 1.45 acres staffparking, 2.15 acres temporary road access). a) How much ofthis 35.25 acres will remain covered in gravel or road base material once

construction is complete? b) Otherthan the 35.25 acres so outlined in Figure 2.3-12, will there be any areas not

currently included as permanent impacts that will be areas covered in road material or gravel?

3) On page 2-52, table 2.3-7 gives an estimate of28 acres temporary disturbance for the construction ofthe power generation facility. A review ofthe acreage provided in Figure 2.3-12 suggests these numbers should be 33.1 acres temporary disturbance. a) Please provide details ofthe temporary disturbance calculation for the power

generation facility that resolves this discrepancy.

Until we receive the information requested and required by 50 CFR 402.14(c) and 50 CFR 402.14 (d), the Service will not begin the formal consultationprocess for the project. We will notify your office when we receive this additional information. Ifwehave not received this information within 60 days ofthe date ofthis letter, we no longertrack this action as an active endangered species consultation. Reinitiation ofconsultation will require a letter from you that includes the requested information.3 Mr. Gerardo C. Rios

We appreciate your efforts to conserve federally-listed species and your efforts to reduce the potential effects to listed species that may result from the Avenal Power LLC Avenal Energy project. Ifyou have any questions or concerns aboutthis consultation, please contact Shelley Buranek or Susan Jones ofmy staffat (916) 414-6600.

Sincerely,

Peter A. Cross Deputy Assistant Field Supervisor

cc: California Department ofFish and Game, Fresno (Mr. Justin Sloan) Avenal Power, LLC (Mr. 

### JimRenroad)